Child Custody Law
Divorce and Custody cases can be the most stressful thing in a person’s life.
When deciding on a lawyer, choose one with experience and compassion.
- What is required for emergency custody?
- Would a separation agreement be better than going to court?
- How is marital property divided?
- Free Consultations
CONTACT ROBERT CAMPBELL
TO HANDLE YOUR CASE:
Quick action is usually required when parties separate:
- Know your rights concerning your children and your property.
- Contact me by text for immediate help and to get your questions answered.
- Text me at: 828.234.1195
What is required for emergency custody?
When parents separate, it is often a race to the courthouse for custody of the children. Judges will enter emergency custody orders to stabilize the child’s situation and to prevent the parents from pulling the child back and forth. Getting an emergency custody order is not easy.
To qualify for such, the party must show that they currently have physical custody of the child and that the order doesn’t change the living situation of the child. If neither parent has had physical custody, then an emergency order that changes the living situation of the child can only be granted if one of the following exists:
- The child will be exposed to a substantial risk of bodily injury or sexual abuse.
- There is a substantial risk that the child may be abducted or removed from the State to avoid the jurisdiction of the NC courts.
If neither of these conditions exists and neither parent has had physical custody of the child, then an immediate ex parte order or emergency custody order cannot be entered and the parent must have the matter heard at a temporary custody hearing before a judge usually upon giving the other party at least 10 days prior notice.
